Li (Migration)

This matter concerned an appeal by an applicant against the decision to cancel her Subclass 572 Vocational Education and Training Sector student visa. The applicant's visa was cancelled under s 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that she had ceased to be enrolled in a registered course, thereby breaching visa condition 8202(2)(a). The applicant had been enrolled in a Certificate IV in Business, but her enrolment was cancelled by the education provider due to unsatisfactory attendance.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. The Tribunal considered information from the Provider Registration and International Student Management System (PRISMS), which indicated that the applicant had not been enrolled in a registered course since 6 May 2016, when her enrolment was cancelled for unsatisfactory attendance. The Tribunal found that this constituted a breach of condition 8202(2)(a).

In considering the exercise of discretion, the Tribunal had regard to the applicant's submissions in response to a Notice of Intention to Consider Cancellation (NOICC). The applicant claimed she had engaged an agent to manage her enrolment and had paid tuition fees, and that she was unaware of the cancellation until receiving the NOICC. However, the Tribunal noted that PRISMS records indicated the applicant's education provider had discussed her unsatisfactory attendance and that her appeal was not approved, suggesting she would have been aware of the cancellation in May 2016. Despite acknowledging the significance of visa cancellation, the Tribunal concluded, on balance, that the visa should be cancelled.